Prosecutor General Yoon Moves to Preempt 'Re-Directive Request'
Ministry of Justice: "Prosecutors' Meeting Content Holds No Significance... General Must Respond Quickly"
Low Likelihood of Withdrawing Existing Investigation Directive Even if Yoon Requests Re-Directive
Ignoring Prosecutors' Opinions or Refusing Directive Both Difficult... After Statement, Backlash Inevitable
Minister of Justice Choo Mi-ae (left) and Prosecutor General Yoon Seok-yeol, who are in conflict over the investigation directive related to the 'geom-eon-yuchak' case. [Image source=Yonhap News]
[Asia Economy Reporter Choi Seok-jin] On the 7th, the Ministry of Justice urged Prosecutor General Yoon Seok-yeol to promptly implement Minister of Justice Chu Mi-ae's investigative directives regarding the 'prosecutor-media collusion' case exactly as stated.
Following the report of the results of the prosecutors' chiefs meeting to the Ministry of Justice the previous day, Prosecutor General Yoon, who has been delaying his statement while considering his position, is highly likely to request a re-direction from Minister Chu as early as this afternoon. In response, the Ministry of Justice has proactively blocked any 're-direction request' and expressed its stance against allowing a re-direction.
In a statement sent to reporters on the morning of the 7th, the Ministry of Justice stated, “As the highest supervisor of prosecutorial affairs, the Minister of Justice holds the ultimate legal and political responsibility. Therefore, the Prosecutor General should not hesitate but promptly carry out the minister’s directives exactly as stated.”
The Ministry of Justice also specified the regulation underpinning this investigative directive (Article 5 of the Code of Conduct for Prosecutors), stating, “Even the Prosecutor General should refrain from or avoid directing investigations when the subject is himself, his family, or a close associate prosecutor.”
It further explained the background of the investigative directive: “The Prosecutor General himself judged that it was difficult to perform duties fairly due to ongoing close personal relationships with the current chief prosecutor, a close associate, and therefore entrusted the supervision of the related case to the meeting of the heads of departments at the Supreme Prosecutors’ Office.”
The Ministry of Justice emphasized, “Nevertheless, the Prosecutor General overturned that decision and inappropriately involved himself in the case by unilaterally appointing advisory committee members excluding the heads of departments meeting, raising serious concerns about the fairness of the investigation. Accordingly, the Minister of Justice, to guarantee the fairness and independence of the investigation, ordered the Prosecutor General to recuse himself from the case pursuant to Article 8 of the Prosecutors’ Office Act.”
The Ministry of Justice also directly refuted claims that excluding Prosecutor General Yoon’s command and supervision over the investigation of the prosecutor-media collusion case was illegal.
It pointed out, “If the Minister of Justice cannot correct problems in the Prosecutor General’s command, it would mean the minister is neglecting duties and would contradict democratic principles. Article 8 of the Prosecutors’ Office Act explicitly stipulates that the minister has comprehensive supervisory authority, including not only directing the Prosecutor General in specific cases but also excluding the Prosecutor General’s command.”
Meanwhile, regarding Prosecutor General Yoon’s summary report of the 'chief prosecutors’ meeting' instead of his position on Minister Chu’s investigative directive, the Ministry of Justice dismissed it, saying, “We do not attach much significance to its content.” It also urged a prompt decision from Prosecutor General Yoon, stating, “The Prosecutor General should respond quickly.”
Regarding speculation that Prosecutor General Yoon is likely to use the 're-direction proposal' card from the chiefs’ meeting, the Ministry of Justice also implied that “(even if a re-direction request is made) Minister Chu Mi-ae will not reconsider her directive.”
According to the Ministry of Justice and the prosecution, the Supreme Prosecutors’ Office summarized the results of the chiefs’ meeting held the previous day at the Ministry of Justice’s request, reported them to Prosecutor General Yoon, and then submitted them to the Ministry of Justice. Subsequently, the summary was also disclosed to the media.
Regarding the background of requesting the meeting content, a Ministry of Justice official said, “It was to verify whether the actual meeting content matches what was reported in the media.” However, the Ministry of Justice stated, “We do not attach any particular significance to the discussions from the chiefs’ meeting.”
The document titled 'Summary of Statements from the Chiefs’ Meeting' distributed to the media by the Supreme Prosecutors’ Office contained three main points, described as the majority or common opinions of the chiefs: ▲ the procedure of the expert investigative advisory group should be suspended and an independent special prosecutor introduced ▲ the exclusion of the Prosecutor General’s command and supervision is illegal or unjust ▲ the matter is not related to the Prosecutor General’s position.
Regarding whether the version distributed to the media and the one submitted to the Ministry of Justice are identical, the Ministry of Justice said it “cannot confirm.” Also, concerning the forecast that Prosecutor General Yoon will request a re-direction, it said, “We cannot respond to claims that are not the Prosecutor General’s position,” and urged, “We hope the Prosecutor General will respond promptly.”
Inside and outside the prosecution, there is analysis that if Prosecutor General Yoon immediately requests a re-direction from Minister Chu, the focus will be on the fact that “the Prosecutor General refused the minister’s directive” rather than on the essence of the matter such as “why the investigative directive is unjust” or “why a re-direction is necessary,” which could be perceived as insubordination.
This is also interpreted as the reason why Prosecutor General Yoon has given the impression of stalling by not issuing a statement for five days after Minister Chu’s investigative directive and four days after the chiefs’ meeting.
Considering that Minister Chu stated before the chiefs’ meeting that “replacing the investigation team or appointing a special prosecutor goes against the minister’s directive,” the possibility of Minister Chu withdrawing the existing investigative directive even if Prosecutor General Yoon requests a re-direction is low.
Prosecutor General Yoon also seems unlikely to simply follow Minister Chu’s directive, ignoring the unanimous voices of the chiefs that “removing the Prosecutor General’s command and supervision undermines the essence of the prosecution.”
Therefore, if the Ministry of Justice initiates an inspection for 'non-compliance with orders' after Prosecutor General Yoon’s statement, it is widely expected that the conflict between the Ministry of Justice and the prosecution will escalate sharply due to strong internal opposition within the prosecution.
Some speculate that Prosecutor General Yoon may have no choice but to file an inter-agency jurisdictional dispute with the Constitutional Court, which was a minority opinion at the chiefs’ meeting, to seek a judicial ruling.
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